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Home My WebLink About08-27-13 Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF �UMBE�� COUNTY, PENNSYLVANIA Name of Decedent: Japheth T. Macaluso Date ofDeath: June 20. 2010 File Number: 2010-01046 Pursuant to Pa. O.C. Rule 6.12, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: . . . . . . . . . . . . . . . . . . . . X❑Yes ❑No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No. 1 is YES, state the following: ,: a. Did the personal representative file a final account with the Co�? . . . . . .�;❑3�ie� ❑X No c o .,-� ca � -a -.-� �,a � b. The sepazate Orphans' Court No. (if any) for the personal m 'v_ ` �::� + � -,�; representative's account is: � L � ^� ' "' _, A � : _-a v c, ,� � �� c'� C7 , � �� c..', r—• "�n c. Did the personal representative state an account : _`i `';' � � �� v� informally to the parties in interest? . . . . . . . . . . . . . . . . . . . . . .�- . . . . . . .�Yes-" ❑No d. Copies of receipts, releases,joinders and approvals of formal or informal accounts may be filed with the Clerfi of the Orphans' Court and may be attached to this report. Drtie Aueust 27. 2013 ��ry�l��'" ,Z�L�L�J.(d�Y'!�� gnrtf e ojPerson Filing[his Farm Capacity: �PersonalRepresentative ❑Counsel � Amv L. Macaluso Administratrix Name of Person Fifing this Form Qfil L Rn�oc R�m T nng Address ShippensburR, PA 17257 (717) 532-4832 Telephone FormRW-/0 rev. /0./3.OG �\�� .___ . . ?1�� - __ v __ IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA -CUMBERLAND COUNTY BRANCH ORPHANS' COURT Estate of Japheth T. Macaluso } File No. 2010-01046 A(iREEMENT FOR APPROVAL OF ACCOUNT, RELEASE AND INDEMNIFICATION The undersigned, Amy L. Macaluso, 9614 Rowe Run Loop, Shippensburg, PA 17257, and Joseph A. Macaluso, 9614 Rowe Run Loop, Shippensburg, PA 17257, being all the beneficiaries of the decedent in connection with the above- referenc�d estate according to the intestate laws of Pennsylvania, desire that the estafie be distributed without the formality of a court accounting, and Amy L. Macaluso, administratrix, is willing to consent to such distribution upon receipt of a proper reiease and indemnfication, which it is the purpose of this Agreement for Approval of Account, Release, and Indemnification ("AgreemenY') to provide. In consideration of the willingness of the administratrix to distribute and terminate the estate in accordance with the irrtestate laws of Pennsylvania without the protection afforded her by a formal adjudication of the account, each of the said undersigned ben�ciaries, their heirs, personal representatives, successors and assigns, hereby: 1. Acknowledges that he/she has read this Agreement and represents that the facts set forth herein are true and correct to the best of his/her knowledge, information and belief; 2. Waives the filing of a for►nal account of the administration of this estate, with respect to the income and principal thereof, in any court which has jurisdiction, in particular, the Orphans' Court of the Court of Common Pleas of the 9th Judicial Distriot of Pennsylvania, Cumberland Counry; 3. Declares that he/ahe has been advised of an informal accounting which the administratrix has communicated to him/tier, and finds it to be true and correct in all particulars; understands that the distribution may be still subject to the payment of certain administration expenses; and accepts and approves it with the same force and effect as if it had been prepared and duly filed with, audited, adjudlcated and confirmed absolutely by such court which has jurisdiction ove� this estate, and, as 'rf the balance of principal and income had been awarded by said court in accordance with this Agreement and the account; 4. Warrants that he/she knows that the estate was insolvent and assets were insuf�icient to pay all claims; _ _ 5. Absolutely and irrevocably releases and discharges the administratrix, her personal representatives, heirs, successors and assigns, from any and all actions, liabilities, claims and demands, including specifically but not limited to liability arising in connection with any mistake of fact or law, or negligent or careless act or omission by the administratrix, in connection with the administration and distribution of assets pursuant to the informal account, without a formal court accounting and adjudication; 8. Agrees to refund to the administratrix such part or ali of the distributive share which has been distributed to him/her which may at any time be determined to have been an erroneous distribution to him/her regardless of the cause of such error, even if attributable to negligence, aRhough the funds paid by each beneficiary to cover the funeral expense and fees paid to the Register of Wills of Cumberiand County exceed any asset distributed to him/her; 7. Agrees that any period of limitation of actions for the coltection for any erroneous distribution to himlher shall commence only at such time as the administratrix has obtained actual knowledge of such erroneous distribution and that in no event shall the obligation to collect any erroneous distribution start earlier than the actual discovery thereof by the administratrix; 8. With respect to any distributions of income or principal, which he/she has received, or wili receive upon execution of this Agreement, agrees to indemnify and hold harmless the administratrix, her personal representatives, heirs, successors and assigns, from any liability, loss or expe�se (including but not limited to costs and counsel fees), arising from any cause whatsoever, which may be incurred by the administratrix as a result of the administration of this estate or distribution in accordance with this Agreement including, but not limited to, any liability for any federal estate tax, Pennsylvania inheritance tax or any other death taxes and federal and state income taxes, together with any interest and costs incidental thereto, relating in any way to the estate and also including, but not limited to, any assets received or payments or distributions made by reason of any negligence or mistake of fact or law; 9. Understands that this Agreement may be signed in counterpart originals, all of which together shall be deemed to constitute one originai; 10. Agrees that this Agreement shall be governed by the laws of the Commonwealth of PennsyNania; 11. Agrees that this Agreement is the entire and only agreement between him/her and the administratrix, and any changes or additions to this Agreement must be made in writing and executed by the parties hereto; 12. Agrees that this Agreement is binding on the parties hereto, their heirs, personal representatives, successors and assigns, as the case may be; 13. Agrees that in the event any part of this Agreement is construed as unenforceab�e, the remaining provisions of this Agreement shall be in full force and effect, and enforceable as though the unenforceable part or parts were not included; 14. Adcnowledges that he/she has received from the administratrix the entire and finai distribution to him/her and that the distribution is insufficient to cover the funds paid by himlher for the funeral expenses and fees paid to the Register of Wills of Cumberland County in this estate as the estate is insolvent. IN WITNESS WHEREOF, we agree to be bound hereby and have signed this Agreement this 27th day of August, 2013. Wdness: ,�s21�, Y�-, ��.� ,��(�(Seal) y acaluso ��kP �- ��,(� llr! � Seel) ' Jos ph A, Macalus